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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 33 Part 1) contains the following material:
EDITORIAL
Articles
Competition and Consumer Issues from Artificial Intelligence Foundation Models – Katharine Kemp
Artificial intelligence foundation models (FMs) present a new frontier for competition and consumer protection regulation. This is a topic which has received minimal consideration in Australian legal commentary to date, despite its fast-growing importance. FMs are, andwill likely increasingly become, the bedrock of many applications and services across the economy. This article explains the meaning and wider significance of FMs, and key inputsin the supply chain for FMs, as background to understanding concentration concerns in relevant markets. The present trajectory of FM development and deployment has givenrise to concerns about potential monopolisation at various levels of the FM supply chain,and systemic risks arising from concentrations of power, unlawful or unethical processesand insufficient protections in respect of flawed outputs. This article analyses competition,consumer and privacy concerns arising from the development of FMs, as well as broaderrisks and opportunities, and makes some modest regulatory proposals.
The Evidence Base for Tightening Australia’s Merger Laws – Chris Whelan
This article examines the evidence base used to claim too many mergers have been allowedthrough in Australia, leading to higher prices for consumers, which, in turn, has been usedto support calls for stronger Australian merger law. The evidence base includes growingprofit margins earned by Australian firms, increasing concentration of a few firms withinindustries, incumbents being displaced less frequently and merger retrospective analysisshowing price increases following mergers. This article argues that the evidence base is notas strong as claimed and does not indicate overly permissive merger control. In particular,the margin analysis suffers from serious reliability issues. The claimed concentration andincumbency increases are small. International merger retrospective evidence finds evidenceof price increases, but tends to focus on specific industries (where data is available), onshort-run price effects (and so could miss longer term quality improvements) and may noteven apply to Australia, while very few Australia-specific merger retrospective analyseshave been conducted.
ADMINISTRATIVE AND COMPETITION POLICY – Editor: Dr Luke Wainscoat
- AI-Powered Pricing Algorithms: Be Alert, Not Alarmed – Dr Luke Wainscoat
CONSUMER PROTECTION – Editor: Bernard McCabe
- Beware the User Manual: Ventilator Shortages during COVID – Patrick Quirk
TELECOMMUNICATIONS – Editor: Professor Niloufer Selvadurai
COMMENTS FROM COMMERCE
- Is the Small Business Sector Disappearing? – Elizabeth [Liz] Greenwood
CONSUMER CONCERNS
REPORT FROM ASIA – Editor: Andrew Christopher
- Review of Japan’s Ex-Ante Smartphone Software Legislation – Joe Scarcella and Henry Lynch
REPORT FROM EUROPE – Editor: Tom Pick
- The European Commission’s Draft Guidelines on the Application of Art 102 of the TFEU to Abusive Exclusionary Conduct By Dominant Companies – Overview –Tom S Pick and Britt Gerritsen
For the PDF version of the table of contents, click here: New Westlaw Australia – AJCCL Vol 33 No 1 Contents.
Click here to access this Part on New Westlaw AU
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